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Florida Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: Can I fire the roofing co named in my insurance sett. If they are named on ck bc I think they are scammers!?

We settled with ins co to get a new roof. It was one of those companies that knocked on our door. At first they were great; promised us new roof, carpet, paint, etc. now that we got settlement they said we will give u 7500. Use that where u want but that’s all and that’s not even in writing. I... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 26, 2022

Lawyers on this website are not allowed to call anyone. This website is designed for general information. You need to take the paperwork to a lawyer for a consultation as soon as possible. The lawyer hired to negotiate the settlement was not your lawyer and worked for the roofing company. Do... Read more »

2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: As an authorized user of a company credit card under my name if I use it for personal use can I go to jail?

I used the company credit card that was issued to me with my name on it which makes me an authorized user but I used it to pay some personal things and they want me to pay it back but I'll start threatening to send it to the authorities for fraud. Can they have me arrested for fraud even... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2022

Probably. The card was for company expenses, not your personal expenses. Embezzlement is a crime.

1 Answer | Asked in Consumer Law for Florida on
Q: can a car dealership keep my stuff if it was left in the loaner car they picked up withiut warning
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 9, 2022

No. Contact the dealer and ask them for your personal property.

1 Answer | Asked in Consumer Law for Florida on
Q: I am 18 and in the US Army. I know that florida law allowd me to buy a rifle or shotgun but is that still true?
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 29, 2021

While Florida Statute 790.065 (13) prohibits the sale of a firearm to a person younger than 21, it also states that

"... The prohibitions of this subsection do not apply to the purchase of a rifle or shotgun by ... a servicemember as defined in s. 250.01." So, as I read the...
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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: I am looking for a lawyer to take my case against ABC Capital, please i need help finding one

ABC Capital, Ricardo Scattolini and Jay Walsh sold me a house in Baltimore for $ 80,000 claiming it was renovated but it wasn't. ABC Capital Miami was my property management but they don't want to pay me the monthly rent. Ricardo Scattolini does not answer my calls, does not answer emails... Read more »

Michael  Mayoral
Michael Mayoral answered on Dec 6, 2021

You may have a claim for a breach of contract. An essential factual element of a breach of contract claim is a material breach, that the defendant either failed to do something essential which a contract required it to do or that the defendant did something which a contract prohibited it from doing... Read more »

2 Answers | Asked in Consumer Law, Contracts, Products Liability and Business Formation for Florida on
Q: If I paid for a plastic surgery procedure in full and have a receipt can that company charge me extra if they increase…

Their prices?.. I paid for a plastic surgery procedure and decided to do the procedure at a later date when the date arrive the plastic surgery place stated that the price of the procedure have increased but I have already paid it in full at an earlier time do they have the right to charge me an... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 4, 2021

A Florida attorney could advise best, but your question remains open for three weeks. A basic doctrine of contract law that holds true nationwide is that the terms of a valid contract agreed upon by both sides will apply. But that is a general textbook principle. A Florida attorney who reviewed the... Read more »

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1 Answer | Asked in Consumer Law and Health Care Law for Florida on
Q: I was served and ate a portion of a raw hamburger that was not cooked at all in the center.

I was sick for 4 days and it ruined our family Thanksgiving meal.

I have been contacted by their Insurance Co. Do I need a lawyer...!!

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

It can be argued that you "assumed the risk" if you ate the raw meat after discovering it was raw. And you would have to prove, should it go to court, that the raw meat made you sick. Also, your damages might not be substantial enough to warrant the expense and inconvenience of a... Read more »

2 Answers | Asked in Banking, Business Law, Consumer Law and Small Claims for Florida on
Q: Can I dispute a debit card purchase I never received?

I ordered a jewelry piece that was filed as misdelivery/nondelivery by my local post office. Claims were filed with the PO but then I was later told the seller did not insure their package so my PO cannot continue with a refund and I need to contact the seller. I do so and the seller refuses to... Read more »

Jane Kim
Jane Kim answered on Nov 27, 2021

Just call them!

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1 Answer | Asked in Consumer Law for Florida on
Q: I leased my car in New Jersey and moved to Florida last year. Why can't I buy my lease directly from GM.

GM states that Florida does not allow consumers to buy the lease directly from lender and have to go to the dealer who wants to charge 2k to 4k in fees for me to purchase my lease. Since my contract originated in New Jersey why am I being held in Florida regulations.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2021

Perhaps the lease provides that the law of the state where the vehicle is located shall apply. Read the lease and see if there is such a choice-of-law provision.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Car loan contract.

I'm writing to get an idea for what my options are. I signed onto a car loan that I wasn't of clear mind to do so, and the dealership is refusing to allow me to cancel the loan.

Basically, what happened is that, while in the dealership before signing papers, I received some... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 14, 2021

Sorry to hear about your ordeal. I assume you mean that you not only want to cancel the loan, you want to cancel the entire purchase transaction and return the car, as if the transaction never happened. Unfortunately, there is no way to do that unless there is some illegality - for example, if... Read more »

4 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Business Law for Florida on
Q: What options are available to me or what can I do? I could get the money to pay the judgement but I can't afford more.

My business was being sued. The case had been going on for about 2 years. I was having financial issues and could not make payments to my attorney. He requested to withdraw and I granted it. I did not realize how hard it would be to find a new attorney and during my search me and my other two... Read more »

Jane Kim
Jane Kim answered on Nov 12, 2021

Bad situation, sorry to hear that. You should confirm whether the judgment is against the business only or against you individually as well. You may still be able to file a Motion to Set Aside DEFAULT Judgment, if it was entered by default, if you have excusable neglect and a meritorious defense.... Read more »

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2 Answers | Asked in Consumer Law and Federal Crimes for Florida on
Q: Ballistic knives are basically banned everywhere around here. What about ballistic spikes?

It's hard to find a state where a ballistic knife isn't banned. In Florida, they're the only knife that is banned by name. My question is, what about a ballistic spike? If the protruding portion of the spring-based weapon doesn't have a sharp edge along the length, but instead... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 9, 2021

There is an old saying in criminal defense: “You might beat the case, but you won’t beat the ride to jail.” Basically, while you may be right that a spike is not the same thing as a blade, a police officer may not agree with you and might arrest you anyways, and then you will have to fight... Read more »

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1 Answer | Asked in Consumer Law for Florida on
Q: I bought an RV and the salesman said he would mail me the title within one week, and it’s been 8 weeks, what can I do?

The RV is a travel trailer (meaning it is towed behind a vehicle, does not drive itself) and they gave me a bill of sale when I bought it (with cash) and promised the title ASAP.

They have blown me off for months now and I don’t know what to do because I want to resell the travel trailer... Read more »

Michael  Mayoral
Michael Mayoral answered on Nov 8, 2021

It sounds like you purchased it from a dealer. You are correct that they are legally required to perform a title transfer. One option is to file a complaint with FLHSMV.

Consumers can report such matter to the FLHSMV by faxing or mailing form HSMV 84901 to their nearest regional Division of...
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2 Answers | Asked in Consumer Law, Contracts, Banking and Business Law for Florida on
Q: Can anyone deduct money from my Bank account without my permission? Even though they have my number on file.

I am a member of an HOA. We have a grill that we are required to pay $50. every month to use it or lose it. I never use it. Recently they stated on the statement: Beginning January 1st, 2022 we will be converting to auto pay. Payments will be automatically be charged to your card on file on... Read more »

Linda Liang
Linda Liang answered on Nov 6, 2021

Nobody has right to charge your credit card without your authorization.

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1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Options for kitchen cabinet delivery without notification, just dropped and left outside for 2 days in rain-damaged

Hello,

I ordered kitchen cabinets online from a dealer in another state. The first delivery (of 2) was supposed to be delivered with prior notice to my contractor. The freight company just dropped the pallets in front of the garage where they stayed for 2 days in constant rain. Nobody was... Read more »

Linda Liang
Linda Liang answered on Nov 1, 2021

It's clearly a negligence case. Meaning it is common sense that someone should be notified right away considering the possible rain. You should hire an attorney to write a demand letter.

1 Answer | Asked in Consumer Law for Florida on
Q: Can car dealerships in Florida make it a requirement to buy an extended warranty when purchasing a new vehicle?
Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

I believe this is a negotiation issue, not a legal one. I am not aware of any law that says that a car dealership can't require that. It is a free market, it is their dealership, they can generally state that they "require" you to buy a whole lot of things in order to buy a car from... Read more »

1 Answer | Asked in Consumer Law, Civil Rights and Identity Theft for Florida on
Q: Store left my personal demographics on an item I returned and put it back on shelf
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 5, 2021

And your question would be can the store legally do that? Probably, but what you mean by "personal demographics" is unclear. If I were a customer at that store, I would probably not buy that item if your name was scribbled all over it.

1 Answer | Asked in Consumer Law for Florida on
Q: Consumer Protection/Rights and Prevention of Wage Garnishment for debt that is not ours!

Hello, my husband and I live in Florida and a company supposedly bought this debt from Home Depot and is now trying to garnish my husband's wages. My husband is the only source of income that we currently have, I am pregnant and lost my job due to Covid. We won't be able to afford our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2021

If they are trying to garnish your husband's wages, it appears that they have a judgment against him. If that is the case, you might want to send them proof of your financial difficulties; if you do so they might not apply for a writ of garnishment at this time.

1 Answer | Asked in Consumer Law, Contracts and Products Liability for Florida on
Q: Does the Truth in Lending Mean I don’t have to make a down payment on a car
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 21, 2021

No. "Truth in Lending" is a well-used financial phrase used to remind people that the government requires lenders to disclose all the interest, fees and other costs related to each lending transaction.

However, it does not apply to every kind of lender there is out there; for...
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